Major amendments are made to MVAT ACT 2002 vide ordinance dt. 20-6-2006. The Ordinance is being converted to Act. However so far the text of Act is not made available.

Simultaneously amendments are made to Allied laws too same shall be discussed later on.

1. Amendments to MVAT Act

1. Brand Name: Sec. 2 (3-a) w.e.f. 20-6-2006 : Except two entries in Schedule A this phrase is not used in any other schedule . The newly inserted definition of brand name is restrictive as it is defined for the purpose of schedule only. It states ‘ “brand name" when used in the Schedule means a brand name, (whether registered or not), that is to say, a name or a mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to a product for the purpose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identity of that person ; “ ;
    

2. Purchase price: Sec. 2(20) w.e.f 1-4-2005: Explanation IV added to definition of purchase price is contrary to the circular issued by Commissioner (28T 20-9-2005) regarding grant of setoff. It was decided that, when tax has been paid at the time of the first sale on the MRP of medicines and subsequently the medicines are sent on inter-State consignment, the reduction of 4% would be effected only on the actual purchase price of the dealer making the inter-State consignments. The new explanation states that ‘The amount of valuable consideration paid or payable by a dealer for the purchase of drugs specified in entry 29 of Schedule C shall be the maximum retail price printed on the package containing the drugs; “The retrospective amendment may prove burdensome for dealers who have claimed benefit of earlier circular.
    

3. Works contract defined : Sec. 2 (24)(b)(ii) w.e.f. 20-6-2006: So far what is works contract was not defined under MVAT Act though CST Act did provide for definition in 2002. The definition of sale is amended. Transfer of property in the works contracts mentioned in the new definition only would be subject to tax namely, an agreement for carrying out for cash, deferred payment or other valuable consideration, the building, construction, manufacture, processing, fabrication, erection, installation, fitting out, improvement, modification, repair or commissioning of any movable or immovable property. The new definition is similar to the definition of the term in K. Raheja’s case and will open flood gates of litigation.
    

4. Registration: Sec. 3 w.e.f. 20-6-2006. In sub-sections 4 & 5 of sec. 3 the word Turnover is replaced by ‘Turnover of sales’. The reference to turnover of purchase is deleted. Thus it is now crystal clear that turnover of sales only would be determining the liability for registration under MVAT Act.
    

5. Liability to Register: Sec. 3 w.e.f. 20-6-2006. Sub-section 7 of sec. 3 is deleted as a result now the dealer registered under C S T Act will be liable for registration only on exceeding the prescribed turnover under MVAT Act else he can obtain voluntary registration by paying Rs. 5,000 fees.
    

6. Developer of the Special Economic Zone Sec. 8 w.e.f. 20-6-2006: A unit in SEZ will also include a Developer of the Special Economic Zone. The explanation ‘e’ added to sec. 8(3) includes developer to mean (i) undertaking development, repairs, maintenance and improvement of the Special Economic Zone, and (ii) who has been certified by the Commissioner ;
   
   The scope of dealers eligible for exemption is enhanced. Similarly New explanation ‘f’ further enhances the scope of exemption. A SEZ unit now includes an establishment situated within the Special Economic Zone. This would promote and facilitate the sales amongst the SEZ units.
    

7. Sales to dealers specified in export trade policy Sec. 8 (3A) w.e.f. 20-6-2006: This amendment empowers the State Government by general or special order, published in the Official Gazette, and subject to such conditions, exceptions and restrictions as may be specified in the said order, to exempt from payment of tax any class or classes of sales of goods made by any registered dealer to any class of dealers specified in the Export Trade Policy notified from time to time, by the Government of India.
    

8. Sales to Canteen Stores Department Sec. 8 (3B) w.e.f. 20-6-2006: This amendment empowers the State Government, by general or special order, published in the Official Gazette, and subject to such conditions, exceptions and restrictions, as may be specified in the said order, to exempt fully or partly, from .payment of tax any class or classes of sales of goods made by —

1. Any registered dealer to the Canteen Stores Department or the Indian Naval Canteen Services,
    

2. The Canteen Stores Department or the Indian Naval Canteen Services to the unit run canteens or members of the Armed forces,
    

3. The unit run canteens to the members of the Armed forces.

Please refer to Notification VAT-1505/178/taxation-1 dt. 27th July, 2006

9. Sales to the State Government, the Central Government etc., Sec. 8 (5) w.e.f. 20-6-2006: Newly inserted sub-section 8(5) empowers the State Government by general or special order, published in the Official Gazette, and subject to such conditions and restrictions, if any, as may be specified in the said order to exempt fully or partly, from payment of tax, any sales or classes of sales of goods made by any registered dealer to,—

1. The State Government,
    

2. The Central Government,
    

3. A generating company, as defined in the Electricity Act, 2003, for use in generation of electricity,
    

4. A registered dealer, holding a licence for transmission under the Electricity Act, 2003, for use in transmission of electricity,
    

5. A registered dealer, holding a licence for distribution of electricity under the Electricity Act, 2003, for use in distribution of electricity,
    

6. the Mahanagar Telephone Nigam Limited,
    

7. the Bharat Sanchar Nigam Limited,
    

8. any telephone service provider, holding a licence granted under the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933, to establish, maintain and operate telephone services up to subscribers terminal connection. Please refer to NotificationVAT/1505/192/Taxation-1 dt. 28th July, 2006

10. Registration Sec. 16(6) Shifting of POB w.e.f. 20-6-2006: As a result of this amendment now merely for shifting of place of business the Registration granted u/s 16 will not be cancelled. The Explanation appended to this sub-section is deleted as redundant.
     

11. Separate returns by different branches /units Sec. 20(2) w.e.f. 20-6-2006: Despite the provision of one T I N NO for all branches of a dealer in Maharashtra, looking to the practical problems of the dealers this sub-section is substituted. Now the Commissioner may, subject to such terms and conditions, as may be prescribed, permit any dealer to file separate return:—

1. For all or any of the places of business of the dealer, whether or not situated within the jurisdiction of the same registering authority, or
    

2. For different constituents of his business to such authority as he may direct.

12. Revised returns Sec. 20(4) w.e.f. 20-6-2006: The time for filling revised return is extended to eight months to facilitate filling of revised returns as a result of audit.
     

13. Where to file a fresh return or a revised return- Sec. 20(5) w.e.f. 20-6-2006: As per this new sub-section where a dealer is required to file a fresh return or, as the case may be, a revised return, he shall file such fresh or revised return with the authority prescribed and if any amount of tax is required to be paid in accordance with such fresh or revised return, then he shall pay such amount in the Government Treasury and attach a self attested true copy of the receipted challan with the fresh or revised return.
     

14. Limitation for Assessment Sec. 21 w.e.f. 20-6-2006: By this amendment the Assessing Authority can now issue notice for assessment within a period of six years from the year containing the said period. This provision shall apply to any period ending before 31st March, 2008.
     

15. Business Audit Sec. 22 w.e.f. 20-6-2006 : An amendment is made to this section by which the Officers conducting business audit can visit any day after the day fixed for Business Audit.
     

16. Cancellation of ex parte Assessment Sec. 23 (11) w.e.f. 20-6-2006 : By this beneficial amendment a dealer who has been assessed ex parte under sub-section (2), (3) or (4) can make an application in the prescribed form to the Commissioner within thirty days of the date of service of the assessment order, for cancellation of the assessment on the ground that he had not been able to attend or remain present before the Commissioner at the time of hearing when the assessment order had been passed. The Commissioner shall, after verifying that the contention of the applicant is correct and that the prescribed conditions have been fulfilled, cancel, by order in writing, the said assessment including any penalty or interest levied in relation to or in consequence of the said assessment and shall make a fresh assessment in accordance with the provisions of sub-section (2), (3) or (4), including levy of interest or penalty, as the case may be. It is also provided that, only one application for cancellation shall be entertained under this sub-section in respect of any period of assessment.
     

17. Contravention of conditions of Exemption Sec. 29(5) w.e.f. 20-6-2006: This new sub-section provides for levy of penalty on purchasers eligible for exemption u/s 8 (3), (3A), (3B), or (5) for failure to comply with the conditions or restrictions subject to which the exemption is granted. The penalty is prescribed as equal to one and a half times the tax which would have become payable on the sale if the said exemption was not available on the said sale.
     

18. TDS Provisions Sec. 31 w.e.f. 20-6-2006: Few small but important amendments are made to TDS provisions.

1. It is now specifically provided to exclude not only tax but also service tax component for determining the amount subject to TDS .
    

2. The certificate for no deduction of tax will be issued by the Commissioner of Sales Tax only when the contract is not works contract.
    

3. Certificate referred to in ii above once issued can be amended or modified by CST later on his own motion.
    

4. Employers who are not notified will not be granted permission for TDS
    

5. The credit for TDS can be claimed by the contractor in the period in which the certificate for payment is furnished to him by the person deducting tax in accordance with the provisions of this section.
    

6. Requirement of obtaining TDS number as also of filling annual TDS return is done away with by deleting sub sections 8 and 10 of sec. 31.

19. Exemption to petroleum dealers Sec. 41 (4) w.e.f. 1-4-2005: As per this amendment the State Government may, by notification in the Official Gazette, provide for exemption from the payment of full or part of the tax payable, Subject to such conditions as it may impose on the sales of motor spirits and petroleum products made by an oil company to another oil company and also on sales at retail outlets of motor spirits, other than aviation turbine fuel and aviation gasoline.

As clarified by the Explanation.— for the purposes of this sub-section, motor spirits and petroleum products shall mean such products as the State Government may, notify from time to time, in the Official Gazette.

20. Composition under Sec. 42 w.e.f.20-6-2006: The effect of few amendments made to sec. 42 are as follows:

1. The turnover of liquor/country liquor will be excluded to arrive at the amount eligible for composition for hoteliers
    

2. New composition scheme is now provided for vendors of various types of liquor
    

3. New works contract composition now allows composition as (a) equal to five per cent of the total contract value of the works contract in the case of a construction contract, and (b) eight per cent of the total contract value of the works contract in any other case, after deducting from the total contract value of the works contract, the amount payable towards sub-contract involving goods to a registered sub-contractor.
    

4. The explanation provides for following definitions:

1. “construction contract“ shall mean construction contract as may be notified by the State Government in the Official Gazette, from time to time, and
    

2. the amount payable towards sub-contract involving goods “ means the aggregate value of the goods on which tax is paid and the quantum of said tax paid by the sub-contractor or the sub-contract value on which tax by way of composition is paid by the sub-contractor, as the case may be.

5. A dealer who is liable to pay tax on sales effected by way of the transfer of the right to use mandap or tarpaulin (whether or not for a specified period), may, subject to such conditions and restrictions, as may be prescribed, pay in lieu of the amount of tax payable by him a sum equal to one and half per cent of the turnover of sales effected by him.

For the purposes of this sub-section, the transfer of the right to use mandap includes the transfer of the right to use mandap, pandal, shamiana or the decoration of such mandap, pandal or shamiana and the transfer of the right to use furniture, fixtures, lights and light fittings, floor coverings, utensils and other articles ordinarily used along with a mandap, pandal or shamiana as per the Explanation.

21. Adjustment of refund Sec. 50 w.e.f. 20-6-2006: The refund under the MVAT Act shall be available only as per order by Commissioner of Sales Tax. If a registered dealer has filed any returns, fresh returns or revised returns in respect of any period contained in any year and any amount is refundable to the said dealer according to the return, fresh return or revised return, then subject to rules, the dealer may adjust such refund against the amount due as per any return, fresh return or revised return for any subsequent period contained in the said year, filed under this Act or the Central Sales Tax Act, 1956 or the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2002.
     

22. Grant of Refunds Sec. 51 w.e.f. 20-6-2006: The procedures and conditions for grant of refund are drastically amended. Please refer to the latest detailed circular by Commissioner of Sales Tax dt. 1-8-2006
     

23. Interest on delayed refund Sec 53 w.e.f. 20-6-2006: As per this amendment if an amount required to be refunded by the Commissioner to any person, by virtue of the provisions contained in section 51 or by virtue of an order passed under any other provision of this Act, is not so refunded to him within ninety days of the end of the respective period provided in section 51 or, as the case may be, of the date of the said order, the Commissioner shall pay such person simple interest at the prescribed rate on the said amount from the date immediately following the expiry of the period of ninety days to the date of the refund.
     

24. Electronic records Sec. 86(5) w.e.f. 1-4-2005: Under this sub section the Commissioner can on receipt of application by any dealer permit him to maintain the records of the bills or cash memorandum on such electronic system as may be approved by the Commissioner. On such permission being granted, the dealer shall stand exempted for the purposes of sub-section (3) regarding keeping counterfoils or duplicates of the said bills or cash memoranda and of signing the bill or cash memorandum.
     

25. On going Works Contracts—Sec. 96 (g) ) w.e.f. 1-4-2005: Section 96 of the MVAT Act, is amended with effect from 1st April, 2005. The contractors executing ongoing contracts in the VAT period are now required to pay tax as per the rates prescribed under the repealed Works Contract Act, 1989. In other words, if the contractor is paying 4% composition under Repealed Act, he has to pay the same amount of tax under the VAT Act. (Sec. 96(g)) and he will not get any setoff. This amendment is made retrospective w.e.f. 1-4-2005.

CHAPTER VI

AMENDMENTS TO THE MAHARASHTRA VALUE ADDED TAX ACT, 2002.

49. In section 50 of the Value Added Tax Act,—

1. in sub-section (1), for the words “ the Commissioner shall refund “ the words “the Commissioner shall, by order refund" shall be substituted;
    

2. for sub-section (2), the following shall be substituted, namely :—
   “(2

50. For section 51 of the Value Added Tax Act, the following shall be substituted, namely :—

51. (1) Where a registered dealer has in any return, fresh return or revised return shown any amount to be refundable and has not undertaken to adjust such amount against the amount due as per any subsequent return in accordance with section 50, the Commissioner shall, on an application made by the dealer and subject to rules, and the other provisions of this Act, grant refund of such amount to the said dealer.
    
    (2) (a) The Commissioner shall, grant the dealer refund of the amount claimed refundable as aforesaid within six months of the end of the year to which the return, fresh return or revised return relates and the refund relating to all the periods contained in one year may be granted by a single order :
    
    Provided that, where the return, fresh return or, as the case may be, revised return is filed after the date prescribed for filing the last return of the said year, then the period of six months shall be counted from the date of filing of the said return, fresh return or revised return.
    
    (b) Notwithstanding anything contained in clause (a), where a dealer has obtained a registration certificate as provided under this Act, then the refund in respect of the returns, fresh returns or revised returns in respect of the year containing the date of effect of registration shall be granted within six months of the end of the year succeeding the said year :

Provided that, the said dealer may apply in the prescribed form to the Commissioner at any time after the end of the year to which the refund relates for grant of the said refund and the Commissioner may subject to rules including rules relating to bank guarantees grant such refund:

Provided further that, where the return, fresh return or, as the case may be, revised return is filed at any time after the date prescribed for filing the last return of the said year, then the refund shall be granted within eighteen months of the date of filing of the return, fresh return or revised return.

(3) (a) Notwithstanding anything contained in sub-section (2), if a dealer is,—

1. an exporter within the meaning of sub-section (1) or sub-section (3) of section 5 of the Central Sales Tax Act, 1956 ; or

2. a unit specified in the Explanation to sub-section (3) of section 8 ; or

3. a holder of a Certificate of Entitlement under any Package Scheme of Incentives except the New Package Scheme of Incentives for Tourism Projects, 1999, then he may apply in the prescribed form to the Commissioner after filing the return for grant of refund relating to the period covered by a return, fresh return or revised return.

(b) The Commissioner, within one month of the receipt of the said application,—

1. may require the dealer to furnish such bank guarantees for such amounts from such banks, for such periods and to such authorities as may be prescribed; and

2. may call for such additional information as he may think necessary.

(4) Where in any period covered by a return, the dealer has made a sale in the course of inter-State trade or commerce and in the return, fresh return or revised return filed in respect of the said period, he has shown any amount to be refundable, then he may apply in the prescribed form to the Commissioner, after filing the return as may be due, for grant of refund relating to the period covered by the return, fresh return or revised return. He shall furnish a bank guarantee on or after making the said application for such amount, from such banks, for such periods and to such authorities as may be prescribed.

(5) The Commissioner shall, within one month of the receipt of bank guarantee, where it is required to be furnished under sub-section (2), (3) or (4), grant the dealer a refund of the amount claimed as refundable in the return.

Where the Commissioner has not required the dealer to furnish a bank guarantee or in any case, the Commissioner has called for additional information, then the Commissioner shall grant the dealer a refund of the amount found due. The refund shall be granted within a period of three months from the date of receipt of the application or, as the case may be, the date of receipt of the additional information whichever is later.

(6) (a) If before the grant of refund under this section, a notice for assessment covering the period to which the return relates is issued or if any proceedings under sub-section (3) or sub-section (4) of section 64 are initiated in respect of the period to which the return relates, then,—

1. if the dealer has not furnished a bank guarantee then no refund under this section shall be granted ; and

2. if the dealer has furnished a bank guarantee then an amount equal to the guaranteed amount shall be refunded.

(b) If it is found as a result of any order passed under this Act that the refund granted under this section is in excess of the refund, if any, determined as per the said order, then the excess amount shall be recovered as if it is an amount of tax due from the dealer and the dealer shall be liable to pay simple interest at the prescribed rate per month or part thereof from the date of the grant of refund.

(7) No refund under this section shall be granted unless an application as provided is made and no application under this section shall be entertained unless it is made within three years from the end of the year containing the period to which the return relates.”.

51. In section 52 of the Value Added Tax Act, in the proviso, the word “provisional” shall be deleted.
     

52. In section 53 of the Value Added Tax Act, in sub-section (1), for the portion beginning with the words “ Where an amount required to be refunded “ and ending with the words “date of the refund:", the following shall be substituted, namely :—
    
    “...

53. In section 86 of the Value Added Tax Act, for sub-section (5), the following sub-section shall be substituted and shall be deemed to have been substituted with effect from the 1st April, 2005, namely :—

“(5) Any dealer may apply to the Commissioner

54. In section 96 of the Value Added Tax Act, in sub-section (1), for clause (g), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 1st April, 2005, namely :–
    
    “(g) where a dealer registered under the Maharashtra Sales Tax on Transfer of Property in Goods involved in the Execution of Works Contract (Re-enacted) Act, 1989, is liable to pay tax under this Act, and has at any time prior to the appointed day entered into any works contract and the execution of the said works contract has started before the appointed day and has continued thereafter, then such dealer shall pay tax in respect of the said contract in accordance with the provisions of the Maharashtra Sales Tax on Transfer of Property in Goods involved in the Execution of Works Contract (Re-enacted) Act, 1989, without however claiming set-off on the purchases corresponding to the contract effected on or after the appointed day to which he would have been entitled under the provisions of this Act.”.

CHAPTER VII

VALIDATION AND SAVINGS

55. (1) Notwithstanding anything contained in any judgement, decree or order of any Court or Tribunal to the contrary, any assessment, re-assessment, levy or collection of tax in respect of sales or purchases effected by any dealer or person, engagement by any person in a profession, trade or calling, provision by a hotelier of luxuries made or purporting to have been made or entry effected by any importer or any action taken or thing done in relation to such assessment, reassessment, levy or collection under the provisions of the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, the Maharashtra Tax on Luxuries Act, 1987, the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987, the Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 and the Maharashtra Value Added Tax Act, 2002, before the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Ordinance, 2006 (hereinafter, in this Chapter, referred as “ the Amendment Ordinance “), shall be deemed to be as valid and effective as if such assessment, re-assessment, levy or collection or action or thing had been duly made, taken or done under the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, the Maharashtra Tax on Luxuries Act, 1987, the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987, the Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 and the Maharashtra Value Added Tax Act, 2002, as amended by the Amendment Ordinance, and accordingly,—

1. all acts, proceedings or things done or taken by the State Government or by any officer of the State Government or by any other authority in connection with the assessment, reassessment, levy or collection of any such tax, shall for all purposes be deemed to be, and to have always been done or taken in accordance with law;
    

2. no suit, appeal, application or other proceedings shall lie or be maintained or continued in any Court or before any Tribunal, officer or other authority, for the refund of any tax so paid; and
    

3. no Court, Tribunal, officer or other authority shall enforce any decree or order directing the refund of any such tax.

(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,—

1. from questioning in accordance with the provisions of the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, the Maharashtra Tax on Luxuries Act,1987, the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987, the Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 and the Maharashtra Value Added Tax Act, 2002, as amended by the Amendment Ordinance, any assessment, re-assessment, levy or collection of tax referred to in sub-section (1), or
    

2. from claiming refund of any tax paid by him in excess of the amount due from him by way of tax under the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, Maharashtra Tax on Luxuries Act, 1987, the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987, the Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 and the Maharashtra Value Added Tax Act, 2002, as amended by the Amendment Ordinance.

(3) Nothing in the Amendment Ordinance shall render any person liable to be convicted of any offence in respect of anything done or omitted to be done by him, before the commencement of the Amendment Ordinance, if such act or omission was not an offence under the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, the Maharashtra Tax on Luxuries Act, 1987, the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987, the Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 and the Maharashtra Value Added Tax Act, 2002, but for the amendments made by the Amendment Ordinance; nor shall any person in respect of such act or omission be subject to a penalty greater than that which could have been inflicted on him under the law in force immediately before the commencement of the Amendment Ordinance.

STATEMENT

It is proposed to amend the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 (Mah. XVI of 1975), the Maharashtra Tax on Luxuries Act, 1987 (Mah. XLI of 1987), the Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987 (Mah. XLII of 1987), the Maharashtra Tax on Entry of Goods into Local Areas Act, 2002 (Mah. IV of 2003) and the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), with a view to augmenting the revenues of the State, to streamline the tax structure, to give effect to or to meet the contingencies, which have arisen on account of certain decisions of the Court or Tribunal, and for effective implementation of these Tax Laws.

2. Some of the important provisions, which are proposed to be made are explained broadly as follows :—

1. Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, is being amended,—

1. to provide for the facility to file consolidated returns;
    

2. for streamlining provisions for recovery of tax including grant of installments therefor ;
    

3. for changing references to the Bombay Sales Tax Act, 1959 since repealed and the designations of officers appointed thereunder to the Maharashtra Value Added Tax Act, 2002 and officers appointed thereunder.

2. Maharashtra Tax on Luxuries Act, 1987, is being amended,—

1. to give effect to the judgment of the Supreme Court in the case of M/s. Godfrey Philips India Ltd. vs. The State of Uttar Pradesh (139 STC 537) regarding levy of tax on tobacco and to make certain changes consequential to the introduction of the Maharashtra Value Added Tax Act, 2002 in place of the Bombay Sales Tax Act, 1959;
    

2. to provide for a scheme of fresh registration of hoteliers.

3. Maharashtra Tax on Entry of Motor Vehicles into Local Areas Act, 1987, is being amended,—

1. for changing references to the Bombay Sales Tax Act, 1959 and the Motor Vehicles Tax Act, 1939 to the Maharashtra Value Added Tax Act, 2002 and the Motor Vehicles Act, 1988;
    

2. to introduce the concept of revision and to provide for the appointment of assessing officers, revising officers and appellate officers and the powers of the revising officers.

4. Maharashtra Tax on Entry of Goods into Local Areas Act, 2002, is being amended,—

1. for changing references to the Bombay Sales Tax Act, 1959 and the Bombay Sales Tax Rules, 1959 to the Maharashtra Value Added Tax Act, 2002 and the Maharashtra Value Added Tax Rules, 2005 and deleting the reference to the Bombay Sales of Motor Spirit Taxation Act, 1958 since repealed;
    

2. for substitution of Schedule.

5. Maharashtra Value Added Tax Act, 2002, is being amended,—

1. to provide that the purchase price of drugs shall be the maximum retail price printed on the package containing the drugs;
    

2. to provide that the turnover of purchases will not be taken into account while deciding the liability of a dealer for registration;
    

3. to provide for extension of the benefits available to units in the Special Economic Zone, etc., to developers of the Special Economic Zone;
    

4. for effecting changes in the procedure regarding registration and fresh registration and to provide that it will not be necessary for the dealer to apply for fresh registration merely on account of shifting of the place of business ;
    

5. for effecting changes in procedure for filing of returns and assessments;
    

6. to provide for amplification and clarification regarding the powers of the appellate officers;
    

7. for effecting changes in the provisions dealing with deduction of tax at source ;
    

8. to clarify that tax on Motor Spirits will be collected at a single stage; and
    

9. for effecting changes in the Composition Scheme and to introduce new Schemes for composition.